Where do I stand!!!

G_M

Stop fixating on the perceived misrepresentation, whether deliberate or accidental.

Either walk away and move on, or attempt to renegotiate the price, or ignore the matter and buy the property as planned.

As I understand it, the house is being offered to you along with a lease for the drive so there's really no issue unless either the lease is of limited length and thus the drive might be lost,or there's a meaningful rent on the lease (which seems unlikely).

But since you've declined to tell us what the lease says (despite having it) we cannot comment more specifically!

babyblade41

The only thing I don't understand is when your solicitor got the details from LR right at the start this surely would show that there is also a leasehold

xylophone

The house has a drive - what exactly are the terms of the lease?

Is it so long ( my first property had a 999 year lease) that it is virtually insignificant?

Tiglet2

I think you are referring to the Sales Particulars you saw from the Estate Agent. These are not always accurate because the Estate Agent may never have asked the seller whether the drive belonged to them and the seller obviously didn't mention it. So the Estate Agent produces a glossy brochure/print out to advertise the property for sale, with the purpose of selling it. You view the property, make an offer based on the sales particulars and what you have seen when you viewed the property. I assume you didn't ask the seller whether the drive belonged to them, because just like the Estate Agent, you assumed it was the seller's and the seller didn't volunteer any information (because he didn't know, or didn't want to disclose?). Sales Particulars are not legally binding - there is a disclaimer on them to state that they may not be accurate.

You have appointed a solicitor to act in your best interests and they have found out that the drive is leased. That's what you're paying them to do. So, now you have to decide what you want to do about it, whether that is walking away, renegotiating the price or accepting the lease as is. While I agree that the seller may have purposely withheld this information, proving it will not be easy.

mummyflesh

It says in property information that’s come from there solicitor that there is a drive.
I haven’t got the details of the lease solicitor has that but she has said that the sellers will have been aware of the lease as they would have signed it. My solicitor has asked them to get an Adverse possession title to which they have refused.

Tiglet2

The seller has put on the Property Information Form that there is a drive. There is a drive. So the seller hasn't lied, just been economical with the response.

Comms69

mummyflesh wrote: »

It says in property information that’s come from there solicitor that there is a drive.
I haven’t got the details of the lease solicitor has that but she has said that the sellers will have been aware of the lease as they would have signed it. My solicitor has asked them to get an Adverse possession title to which they have refused.

get a new solicitor. Adverse possession wouldn't apply in this case...

G_M

you can't claim adverse possession where you have a lease.

If you could, millions of tenants would be claiming ownership of the flats and houses they rent, and the whole housing market would turn upside-down!

The only thing I don't understand is when your solicitor got the details from LR right at the start this surely would show that there is also a leasehold

No. The only (meaningful) thing you don't seem to understand is the terms of the lease. Either you know, but for some strange reason are choosing not to share this information with us, or you don't know, but for some strange reason are choosing not to find out!


edit: oops! I thought the quote above came from the OP. Sorry babyblade!

foxy-stoat

Look for another property - you obviously wont be happy with this one.

LawAbiding

As I said in your 2nd thread about the same thing.

I've been sent title plan for the purchase in currently making which outline the driveway to be part of the freehold and purchase.

Did you not get this?